Requirements and Procedure for Designs

• Applicants’ details
  • Name of applicant(s) with full address and citizenship
• Name of the article (title)
• Classification of the article according to Locarno Index   Locarno Classification
  (An application can be classified in one class and subclass only)
• Representations
  • Showing different views of the article to depict it fully and clearly. Either drawings, or photographs may be used to show different views. Cross-sectional views not allowed. Shading lines, dotted lines or any other form of discontinuous lines should be avoided. Photographs should be taken against neutral background uncluttered with any extraneous matter. Representations must not exceed A4 size
• Priority details, if priority is claimed
  • Name of Priority Country or Inter-Governmental organization
  • Filing number and filing date of priority application
• Priority Document, if priority is claimed
  (required to be filed on the date of filing; but can be filed at a later date by taking extension of time)
• Assignment, if applicable
  (copy of Assignment certified as true copy by a Notary Public and the Patent Office of the priority country is acceptable in lieu of original)

Design Process Flowchart

Application:

An application must be filed along with four copies of the representation of the design and the prescribed fee; a number along with the filing receipt will be allocated according to the actual date of its receipt by the office.

Examination:

The Designs office automatically takes up the application for examination. Defects in the application are communicated to the applicant, these should be corrected and the application resubmitted to the Design office for acceptance. Further examination reports may be issued if the requirements are not met in the response or a hearing may be offered. However all responses must be filed and the application must be placed in order for acceptance within six months from date of filing of the application in India.

Acceptance:

An application is accepted when all the official requirements and objections are met.

Refusal:

In case the defects as required by the Controller are not rectified the application is refused.

Publication:

The design, upon registration, is notified in the Official Journal.

Registration:

An application proceeds to registration, upon its acceptance and the registration certificate is issued.

Term of Design

The term of registration is 15 years. The registration is valid for an initial term of 10 years from the date of registration, followed by another 5 years on renewal. This right will cease if the fee for extension is not paid within the initial term. However, the law allows for restoration of registration on a lapsed design, if the restoration application is filed within a year from the date of cessation.

Date of Registration:

This is the base date for counting the term of protection and is also the cut off date for assessing novelty. If priority is claimed, then the priority date; but otherwise, the date of filing in India is the date of registration.

Cancellation of Registration:

An interested person may petition to the Controller to cancel a registered design at any time after registration on the specified. The cancellation petition should be accompanied by a statement of case detailing applicants’ (for cancellation application) interest, facts and matters on which he bases his case in support of the grounds taken, and relief (s) he is seeking. The registered proprietor, who is served with the Statement of case, then files his Counter-Statement followed by evidences to be addressed by both the parties to the proceedings. Once the evidence stage is completed, the Controller would fix a date of hearing and then after hearing the parties renders his decision either canceling the design registration or dismissing the cancellation application.

Appeals:

All decisions of the Controller under the Designs Act are appealable. The appeal lies at the High Court having relevant jurisdiction. The appeal should be made within three months from the date of the Controller's decision.